Defense Secretary re-circulates Presidential directives

On protecting fundamental rights of persons arrested or detained:

colombo: Defense Secretary Gotabaya Rajapaksa has on April 12 re-circulated to the Commanders of the Army, Navy and Air Force as well as the Inspector General of Police, directions on protecting fundamental rights of persons arrested and/or detained issued by President Mahinda Rajapaksa to the Heads of Armed Forces and the Police on July 7, 2006, states a Media release by the Foreign Affairs Ministry.

It said: The re-circulated directive is accompanied by instructions from the Defense Secretary that the Service Commanders and the IGP arrange for officers of their Forces to be fully informed about the Presidential directive and to ensure its full implementation.

The presidential directive of July 7, 2006, instructs the Heads of the Armed Forces and the IGP on measures to be fulfilled to enable the Human Rights Commission of Sri Lanka (HRC) to exercise and performs its powers, functions and duties and for the purpose of ensuring that fundamental rights of persons arrested or detained are respected and such persons are treated humanely.

The six clause directive provides:

1. That every member of the Armed Forces and Police should assist the HRC by ensuring that human rights are respected.

2. That no person shall be arrested or detained under any Emergency Regulation or the Prevention of Terrorism Act No. 48 of 1979 except in accordance with the law and proper procedure and by a person who is authorised by law to make such an arrest or order such detention.

3. That the person making the arrest or detention should identify himself by name and rank, to the person or relative or friend of the person to be arrested. The person to be arrested should be informed of the reason for the arrest. All details of the arrest should be documented in the manner specified by the Defence Ministry. The person being arrested should be allowed to make contact with family or friends to inform them of his whereabouts.

4. That when a child under 18 years or a woman is being arrested or detained, a person of their choice should be allowed to accompany them to the place of questioning. As far as possible, any such child or woman arrested or detained should be placed in the custody of a Women’s Unit of the Armed Forces or Police or in the custody of another woman military or police officer.

5. That the person arrested or detained should be allowed to make a statement in the language of his choice and then asked to sign the statement. If he wishes to make a statement in his own handwriting it should be permitted.

6. That members of the HRC or anyone authorised by it must be given access to the arrested or detained person and should be permitted to enter at any time, any place of detention, police station or any other place in which such a person is confined. Further, the HRC must be informed within 48 hours of any arrest or detention and the place the person is being detained.

The respective Heads of the Security Forces and the IGP have already commenced programmes of training for officers and other ranks, to make them aware of these instructions and also augmented processes to ensure that they are strictly adhered to.

Extensive human rights programmes are continuing to be conducted by the Directorate of Human Rights and Humanitarian Law of the Sri Lanka Army, in association with the ICRC and the Institute of Human Rights.

ICRC cites the Humanitarian Law Training Programme as a model for other military organisations around the world.

This has been reiterated by the National Commission on International Humanitarian Law. Human rights cells of the Army have been also tasked with monitoring the process of implementation and ensuring that any violations are reported.

Instructions have been issued for all violations within the Sri Lanka Army to be reported to Army Headquarters.

Meanwhile, the Police while enhancing the existing human rights programmes within the Department, have taken steps to introduce training programmes on a divisional basis in 43 SSF divisions.

A process of monitoring to ensure that the directives are complied with, are also under way.